—remaining on hand without having become non-returnable—the buyer may only return her without owing anything, or keep her without receiving any compensation. The seller cannot compel him to keep her by deducting any amount from the price, because the buyer can invoke the defect and the fraud and deception. If she is in the second circumstance, having become non-returnable through resale, the buyer has no remedy for the defect. Seeking the remedy for fraud and deception is more advantageous to him than seeking the remedy for misrepresentation of the price: the amount payable for the goods is reduced to their assessed value if that value is less than the price. If she is in the third circumstance, having become non-returnable owing to changes in market prices or slight deterioration, the buyer has the choice of returning her on account of the defect or accepting it. If he accepts it, the amount payable for the goods is reduced to their assessed value, if that value is less than the price, under the remedy for fraud and deception, since seeking that remedy is more advantageous to him than seeking the remedy for misrepresentation of the price.
If she is in the fourth circumstance, having become non-returnable owing to seriously impairing defects, he has three options: (the first) to return her together with compensation for the reduction in her value caused by the defect that arose while she was in his possession; or to keep her and recover the loss in value caused by the original defect, together with its corresponding share of the profit; or to accept the defect, in which case the amount payable for the goods is reduced to their assessed value, if that value is less than the price, on the grounds of fraud and deception, since seeking that remedy is more advantageous than seeking the remedy for misrepresentation of the price. If he does not return her, and the children are still young and have not reached the age at which they may be separated from their mother, he must either bring them together under a single ownership or rescind the sale.
If she is in the fifth circumstance, having become non-returnable through her physical loss or something equivalent to physical loss, he has the choice of recovering the loss in value caused by the defect, together with its corresponding share of the profit, or accepting the defect. If he accepts it, the amount payable for the goods is reduced to their assessed value if it is less than the price, since seeking the remedy for fraud and deception is more advantageous to him than seeking the remedy for misrepresentation of the price.
Section
Thus, when concealment of a defect, misrepresentation of the price, and fraud and deception occur together in a single case, the ruling is simply that applicable when concealment of a defect and fraud and deception occur together. This is because, as we have explained, seeking the remedy for fraud and deception is more advantageous to the buyer than seeking the remedy for misrepresentation of the price. Likewise, when misrepresentation of the price and fraud and deception occur together in a single case, the ruling is the same as for fraud and deception alone, without misrepresentation of the price, both when the goods remain on hand and when they have become non-returnable, since seeking the remedy for fraud and deception is more advantageous to the buyer.